Dugan sends letter to Tribune on Nicarico plea

August 28, 2009

Denied an opportunity to read a statement in court after he pleaded guilty last month to the 1983 rape and murder of 10-year-old Jeanine Nicarico, Brian Dugan has written the Chicago Tribune to say his comments are "important enough to break my silence over."

"My main motivation in pleading guilty was to take responsibility for these crimes, express my remorse and for the truth to finally emerge," he wrote in the recent letter, concluding, "I don't deserve much, probably not anything at all, but I think everyone is entitled to the truth, no matter where it leads."

Dugan also enclosed a copy of the handwritten "plea related statement" he had prepared for the July 28 hearing in which he admitted responsibility for "the horrible crimes I committed so long ago" and said that he wanted to be clear on his reasons for confessing.

Dugan, 52, is serving two life sentences for raping and murdering a 7-year-old Somonauk girl and a 27-year-old Kane County woman. His letter, dated Aug. 16, and arrived in the Tribune's west suburban office this morning.

DuPage State's Atty. Joseph Birkett raised the issue of the letter with Judge George Bakalis on Thursday afternoon, saying he would not comment on it because of Bakalis' unofficial gag order imposed to avoid tainting the jury pool.

The judge looked at all the lawyers and then directly at Dugan, sitting at the defense table in an orange jail jumpsuit, and said, "I don't want you writing letters to the media. I don't want anyone in this case writing letters to the media. Do you understand that?"

"Yes, I do," Dugan responded.

Dugan's letter to the Tribune centers on his statement confessing to Nicarico's death in 1985, during questioning on the other two murders. At the time, he offered to plead guilty if DuPage prosecutors would not seek the death penalty. Prosecutors denied the deal.

However, Dugan pleaded guilty to killing Nicarico last month in an apparent attempt to convince a jury that he deserved sympathy -- and a third life sentence instead of death -- because he has taken responsibility for the crime. Potential jurors will report to the courthouse on Sept. 18 to fill out questionnaires as the beginning of the selection process.

Dugan wrote, "It was my intent to plead guilty from the very beginning of this prosecution," pointing out that he never entered a not-guilty plea but that Bakalis entered it on his behalf.